The crime of assault has two elements. The first element is the unlawful and intentional threat to hurt or cause harm to another person through violence. The second element involves having the ability to complete the harmful action and causing another person to fear for their safety. In other words, someone could face arrest and conviction regardless of whether they actually made physical contact with another person.
An assault offense is considered a violent crime. Regardless of the severity of the charges, a guilty conviction could have lasting negative consequences on your life. Luckily, a seasoned criminal defense attorney could help. When you find yourself facing these serious charges, meet with a seasoned Winter Garden assault lawyer to determine the best plan of action.
People in Florida can face simple misdemeanor or aggravated felony assault charges, depending on the case specifics and circumstances of arrest. According to Florida Statutes § 784.011, someone is guilty of assault when they intentionally threaten another person with bodily harm and make them afraid, because they apparently have the ability to follow through with that threat.
To get a conviction for assault, the state attorney must establish that the defendant threatened to cause physical harm, took action, and had the means to follow through. While a first-time simple assault is a second-degree misdemeanor, many factors could elevate the charges and potential punishments.
When a person threatens to cause physical harm to another person by using a deadly weapon, such as a firearm, the state will likely charge them with aggravated assault. This would entail charges and penalties for a felony offense.
While assault charges do not require anyone to cause bodily harm or engage in any form of physical contact, battery charges result from actually following through with the threat of violence. Assault and battery charges are the result of striking someone or otherwise include some degree of unwanted touching.
When someone is accused of any kind of assault, a Winter Garden assault attorney could help navigate the criminal court system and fight for the best potential outcome.
The most effective defense for a situation will vary depending on the cause of arrest. Some possible strategies include:
An assault lawyer in Winter Garden could answer specific questions regarding the penalties and defense strategies after investigating and reviewing the state’s evidence.
Penalties depend on the specifics of a case and can vary greatly. A first-time simple assault conviction, which is a second-degree misdemeanor, would entail spending up to 60 days in jail and fines of $500. Meanwhile, a first-time aggravated assault conviction, which is a third-degree felony, could mean spending up to five years in prison.
An arrest and the potential for a criminal conviction is always stressful. Putting in the time and effort to prepare to fight for your freedom plays a significant role in the outcome. While assault charges and potential outcomes vary greatly, the most effective way to plan a sound defense is by speaking with a knowledgeable attorney.
Assault convictions have severe and lasting consequences on a person’s life; they can include jail time, a permanent criminal record, and steep fines. When you are ready to review your options, call to schedule a consultation with a hard-working Winter Garden assault lawyer.